Regardless of who is appointed to fill the seat vacated by the late Justice Antonin Scalia, Americans may reasonably anticipate that their religious beliefs and practices will continue to be protected by the Court.... More

Supreme Court Victory for Hobby Lobby and Religious Freedom

Washington, D.C. – The U.S. Supreme Court granted a landmark victory for religious liberty today, ruling in the case of Burwell v. Hobby Lobby that individuals do not lose their religious freedom when they open a family business. The court ruled 5-4 in favor of David and Barbara Green and their family business, Hobby Lobby, ruling that they will not be required to violate their faith by including four potentially life-terminating drugs and devices in the company’s health insurance plan or pay severe fines.

“This is a landmark decision for religious freedom. The Supreme Court recognized that Americans do not lose their religious freedom when they run a family business,” said Lori Windham, Senior Counsel for The Becket Fund for Religious Liberty and counsel for Hobby Lobby. “This ruling will protect people of all faiths. The Court’s reasoning was clear, and it should have been clear to the government. You can’t argue there are no alternative means when your agency is busy creating alternative means for other people.”

The decision also has important implications for over 50 pending lawsuits brought by non-profit religious organizations, such as the Little Sisters of the Poor, which are also challenging the mandate. In two different respects, the Supreme Court strongly signaled that the mandate may be struck down in those cases too. First, it rejected the government’s argument that there was no burden on the Green’s religious exercise because only third parties use the drugs. Second, it held that the government could simply pay for contraception coverage with its own funds, rather than requiring private employers to do so.

“The handwriting is on the wall,” said Windham. “The Court has strongly signaled that the mandate is in trouble in the non-profit cases, too.”

The Court upheld a June 2013 ruling by the Tenth Circuit Court of Appeals protecting Hobby Lobby and the Green family from the Health and Human Services (HHS) mandate. That mandate requires Hobby Lobby and co-founders David and Barbara Green to provide and facilitate, against their religious convictions, four potentially life-terminating drugs and devices in the company’s health insurance plan. The Greens argued that the mandate substantially burdened their religious beliefs in violation of a federal law, the Religious Freedom Restoration Act (see video).

The plain terms of RFRA make it perfectly clear that Congress did not discriminate . . . against men and women who wish to run their businesses as for-profit corporations in the manner required by their religious beliefs. . . . Our responsibility is to enforce RFRA as written, and under the standard that RFRA prescribes, the HHS contraceptive mandate is unlawful.”

Justice Kennedy’s concurrence added: “Among the reasons the United States is so open, so tolerant, and so free is that no person may be restricted or demeaned by government in exercising his or her religion.”

The Greens and their family businesses have no moral objection to providing 16 of the 20 FDA-approved contraceptives under the HHS mandate, and will continue to provide a broad range of contraceptives at no additional cost to their employees.

“Our family is overjoyed by the Supreme Court’s decision. Today the nation’s highest court has re-affirmed the vital importance of religious liberty as one of our country’s founding principles,” said Barbara Green, co-founder of Hobby Lobby. “The Court’s decision is a victory, not just for our family business, but for all who seek to live out their faith. We are grateful to God and to those who have supported us on this difficult journey.”

Founded in an Oklahoma City garage in 1972, the Green family has grown Hobby Lobby from one 300-square-foot retail space into more than 603 stores in 47 states (626 stores by the end of 2014). Devout Christians, the Green family believes that “It is by God’s grace and provision that Hobby Lobby has endured” and seek to run their company “in a manner consistent with Biblical principles.” This includes closing on Sundays and generous treatment of their employees, with full-time hourly workers starting at more than double the federal minimum wage.

Also joining the lawsuit is Mardel Christian & Education, a chain of Christian bookstores owned and operated by members of the Green family.

The case of Burwell v. Hobby Lobby was consolidated before the Supreme Court with Conestoga v. Burwell. The Becket Fund represented Hobby Lobby, Mardel and the Greens together with Paul D. Clement of Bancroft, PLLC, who presented the oral argument before the court in March.

The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. The Becket Fund recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” For more information, or to arrange an interview with one of the attorneys, please contact Emily Hardman, Communications Director, at ehardman@becketfund.org or call 202.349.7224.

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